Former Kogi State Governor Yahaya Bello’s bail appeal has been denied by the Federal Capital Territory High Court on Tuesday, which cited a premature filing date.
“This instant application was incompetent because it was filed when the first defendant was neither in custody nor before the court,” stated Justice Maryann Anenih in her verdict.
Recalling the arguments before the court on the bail application, the judge had said, “Before the court is a motion on notice, dated and filed on 22nd November. The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
In opposing, the Prosecution Counsel, Kemi Pinheiro, SAN, had argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“that says that an application can only be filed when it is ripe for hearing.”
While delivering her ruling, Justice Maryann Anenih said, “The instant application for bail showed that it was filed on 22nd of November. This shows that it was filed several days after the 1st defendant was taken into custody.”
Reading from the ACJa section, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Bello had filed an application for his bail on 22nd November but was taken into custody on 26th November and arraigned on 27th November.
The 2nd Defendant, Umar Oricha, was, however, granted N300m bail, with two sureties, “who shall have property in the Maitama District of the FCT, within the jurisdiction of the court.
He shall not travel outside without the leave of the Court and shall remain in Kuje Correctional Centre, pending the fulfilment of the bail conditions.
